Cases That are Considered with a Simple Trial Procedure

There are two types of judicial procedures in civil proceedings; written trial procedure and simple trial procedure. The simple procedure of trial is applied exceptionally in our law only in certain courts or in certain cases. Cases and works that are not explicitly stated in the law to be subject to a simple trial procedure are considered in accordance with the written trial procedure. In cases that are subject to a simple trial procedure, the parties should be much more careful when preparing their petitions and strictly follow their case. Because in these cases, the deadlines have been kept short, the parties have been granted the right to file a single petition, and the number of hearings has been limited. Therefore, notification of all violations of the law to the court, the statute of limitations, authorization, arbitration, as well as timely filing of appeals and presenting all the evidence at hand are very important considerations for winning the case.

In this bulletin, we share with you which cases and cases are subject to simple trial procedure and details about the operation of this trial procedure.

1.    In Which Courts the Simple Procedure of Trial are Applied?

  • Simple judicial procedure is applied in cases and actions that fall under the Civil Courts of Peace. For example, cases such as determination of the price arising from rental relations, eviction case, cases arising from condominium ownership, elimination of partnership (elimination of joint ownership case), issuance or cancellation of inheritance certificate, rejection of inheritance, the opening of will, the appointment of registration, interpretation of enforceability in mediation practice are cases that are considered in accordance with a simple trial procedure in the Civil Courts of Peace.[1]
  • Simple judicial procedure is applied in cases and acitons that fall under the mandate of the Labor Courts. Cases related to employee and employer receivables arising from the employment contract, severance pay, material and non-pecuniary compensation cases arising from an occupational accident are handled by a simple trial procedure.[2]
  • Simple trial procedure is applied in cases and actions that are considered in the Consumer Courts. Consumer courts are in charge if the case value exceeds TL 7,550 in the districts and TL 11,330 in the provinces in cases where at least one of the parties is a consumer.[3]
  • Simple judicial procedure is applied in cases and actions that fall under the mandate of the Enforcement Courts. For example, complaints, cancellation of the appeal, cancellation of enforcement proceedings, requests for the withdrawal of enforcement, termination of the tender, rations in foreclosure and bankruptcy, and foreclosure queue ruler appeal cases are tried with a simple judicial procedure.[4]
  • Simple trial procedure is also applied in Cadastral Courts. Cases such as appeals to cadastral minutes, boundary and measurement disputes are tried by a simple judicial procedure.[5]

2. What are the Cases That Will be Considered According to the Simple Trial Procedure?

  • All types of alimony cases, as well as cases and cases related to custody and guardianship.
  • Temporary legal protection requests such as injunction, injunction, determination of evidence, as well as requests for receipt of marine reports, requests for appointment of dispatcher and objections to be made against them
  • In commercial partnerships, in cases arising from partnership or ownership of partners or shareholders with the partner or with each other, or in the direction of the partnership lawsuits to be filed against board members, managers, directors, liquidators or auditors (TCC a. 1521/1).
  • Disputes between shareholders and liquidators or officers in an incorporated partnership(TTK a. 546).
  • According to the Law on Enforcement and Bankruptcy, cases of cancellation of savings(IIK a. 281).
  • Cases arising from the service relationship
  • Bankruptcy cases,
  • Ration cases filed in accordance with IIK,[6]
  • Cases of cancellation of the appeal,
  • According to the arbitration provisions, cases and works that fall within the scope of the court’s mandate
  • Lawsuits to be filed regarding the restructuring of the concordat and capital companies or cooperatives by settlement.
  • Cases and cases in which the law gives the court the right of discretion to decide directly on the file. All disputes arising from the Expropriation Law must be resolved in a judicial court, the place where the immovable property is located is seen by a simple judicial procedure in the courts of general jurisdiction. (Expropriation Law a. 37)
  • Civil cases arising from the matters regulated in the Law on Cooperatives are considered commercial cases regardless of whether the parties are merchants or not, and simple trial procedures are applied in these cases (Coop. Law a. 99)
  • According to the Law on Associations, a simple trial procedure is applied in cases that will be heard in civil courts in connection with this Law (article m of the Law on Associations. 18/1).
  • The provisions of the simple procedure of trial are applied in the approval of the dispatcher and in the examination of objections (TTK a.1283)
  • Disputes arising between partners and liquidators in a collective partnership are resolved according to a simple judicial procedure (TTK a. 268/3).

3. How is the Simple Trial Procedure Different From the General Trial Procedure?

3.1. In Terms of Filing Petitions;

A simple trial procedure is a trial procedure in which a simpler examination is performed than a general trial procedure, which proceeds faster and results.[7] The parties can only file a petition once. In the written trial procedure, the parties have the right to file petitions twice. In a simple trial procedure, the plaintiff can only petition for a lawsuit, and the defendant can only petition for an answer once.[8] The plaintiff cannot file a response petition against the respondent’s response petition.[9] The defendant submits their answers to the lawsuit petition with the petition for an answer that they will give within 2 weeks from the date the petition is filed with them. In cases where it is difficult or impossible to file a response petition within this period, if a request is made for an extension within this two-week period, the court may grant an additional period not more than 2 weeks.[10]

3.2. In Terms of the Prohibition on Modifying and Expanding the Case or Defense;

The parties must, together with their petitions, decisively relate all the events and evidence between them to the court and attach their evidence to the petition.[11] Because the petitions stage is completed when the defendant submits an answer petition or when the 2-week period passes without submitting an answer petition. After this stage, both parties cannot change the events on which they are based in their petitions, add new events and evidence, increase and change their demands.[12] It is only possible for them to make these transactions if the other party explicitly allows it. If the other party does not allow the event, evidence or claims in the petition to be amended or expanded, it is possible to put forward these claims through reclamation.

3.3.   In Terms of the Preliminary Examination Stage;

After the petitions stage, the preliminary examination and investigation stages are started in the simple trial procedure. However, in a simple trial procedure, the preliminary examination and investigation stages were organized together, and the periods were kept shorter for conclusion of the transactions in a shorter time and easier.[13] A preliminary examination and an investigation hearing can be held together in a simple trial procedure.[14] “..   In cases and actions based on Simple trial procedure, if there are no conditions for litigation, he can dismiss the case in due course; he can also make a decision on the merits of the case if the evidence attached to the first objections or petitions is considered sufficient. After the completion of the petitions phase, the parties’ claims, defenses and evidence will be examined by the court by collecting the evidence that the parties have added to their petitions or requested to be brought from the relevant places. Therefore, it is possible to make a decision on the merits of the case through the file without holding a preliminary examination hearing, in addition to the available evidence, the terms of the case and the initial objections. In this way, when the decision is made on the file, the parties will be informed of the notification of the lawsuit and response petition and the evidence they have reported in these petitions will be collected, and there will be no mention of a violation of the right to legal hearing.[15]

Again, the following statements were included in another Supreme Court decision. “Preliminary examination and investigation operations are simplified diversely from the written trial in the simple trial procedures. In HMK.320/1, although the article states that “the court will decide on the case file if possible without inviting the parties to the hearing”, the scope of application of the law has been determined with a narrow framework by stating that this is only at the stage of preliminary examination and “if possible”. If it is possible to make a decision on the file (for example, in temporary legal protections), the parties can be decided without being called to a hearing, taking into account only the petition and its evidence(a. 320/1).”[16]

If the court cannot decide on the file, it invites the parties to the hearing and examines issues such as the duty, strict authority, the deposit of an expense advance, the existence of a power of attorney, which we call the terms of the case at this trial.  Then, the arbitration and authorization appeals, which we call the first objections and which the defendant must put forward in the response petition (if there is no definite authority), examines the issues of the time limit and statute of limitations that reduce the rights and listens to the parties. It determines the issues that the parties agree on and disagrees on one by one within the framework of the parties’ statements. The judge encourages the plaintiff and the defendant to mediation or compromise issues that they cannot agree on. Issues that the parties cannot resolve are recorded in the minutes, and the trial is conducted on the basis of this record.

3.4.   In Terms of Hearings;

In a simple trial procedure, the court can make a decision on the file without inviting the parties to the hearing. If the evidence contained in the files and petitions is considered sufficient to make a decision, the court can also make a decision without a hearing. If it is not possible to make a decision in this way, the court must complete all the procedures such as examining the evidence, conducting investigation procedures, and listening to the parties and witnesses in two hearings, except for the preliminary examination.

However, it should be noted that it is necessary to conduct a trial examination.[17] In most cases, it is not possible for the court to make a decision without a hearing. In its decision on a case heard in the Labor Court of the Supreme Court “As a rule, the decisions of the Supreme Court of Cassation must also be pre-examined by a hearing.
According to the legal facts described in detail above, in suh a way as to violate the right to be heard legally by the court of the first instance, with an examination conducted on the file without conducting a hearing, concluding the trial is seen as inappropriate, the elements of the legal petition are a petition is continuing judging with the work to be done hereafter notification to the defendant, then the pre-session review the determination of the date invitation with the notification by the execution of the preliminary
hearing and the parties duly.” has established a provision in this form, without a hearing and a party organization, the examination is also considered a violation of the right to legal rest.[18]

For example; applications made on the basis of Articles 269 and the continuation of the IIC regulating the eviction of leased real estate must be examined by opening a hearing.[19] Again, requests for the removal of the objection must be examined by opening a hearing (IIK a. 70)[20] Requests for the appointment of a guardian should also be examined by opening a hearing.[21]

The period between hearings can not be longer than a month. However, due to the intensity of litigation and work in the courts in our country, these rules are mostly not applied, the dec between hearings is longer, and the trials cannot be completed in two hearings. Article 320/3 of the Criminal Procedure Code also states that in mandatory cases, such as prolonging the expert examination due to the nature of the work, conducting investigative procedures by appeal, the judge may specify the day of the hearing for more than a month and hold more than two hearings by specifying the reason.

3.5.   In Terms of Removing the File from the Process;

If the parties do not come to the hearing despite being duly invited to the hearing or come and inform them that they will not follow the case, the case file will be removed from the process by the court. The parties may request renewal within 1 month after this decision. After 1 month has passed, the fee is charged again for case renewals.[22]

In cases subject to simple judicial procedure, if the file that has been decided to be removed from the transaction is left untracked again after its renewal, the case is deemed not to have been filed. In other words, the file that has been removed from the transaction can only be renewed once because it has been left untracked in a simple judicial procedure.[23] In the written trial procedure, a renewal is possible twice.

3.6.   In Terms of the Provision Stage;

If the examination stage has been completed in a simple trial procedure and the stage has been reached where a verdict will be made, the judge receives the statements of the parties at the same hearing and explains the verdict. With the recent changes made to HMK, it has been arranged that the final statements of the parties will be taken at the same hearing as in the simple trial procedure in the written trial procedure and that no further time will be given for this.

Conclusion

It is essentially the job of the courts to determine which trial procedure to apply in a case. However, it should be ensured that the parties have information about which trial procedure the case they want to open will be considered when opening their case and how this procedure works. Because the person whose case will be considered by a simple trial procedure should act more quickly and impeccable. The events and evidence relating to the case must be submitted to the court in time and without any reserve. Sloppy follow-up or non-follow-up of the case can lead to irreversible consequences. For this reason, it is not recommended that these cases, which seem to be easy, be opened without professional legal support.

References

[1] KURU, Baki, 2016, Civil Procedural Law, Written According to the Appeal System, Legal Publishing, Istanbul, p.88.

2 KURU, a.g.e., s.869-872.

3 DONER, Kemal, “Disputes in which Consumer Courts are in Charge”, DÜHFD, Volume: 22, Issue: 36, Year: 2017, p. 137-185

4 KURU, a.g.e., s.897-900.

5 KURU, a.g.e., s.880-885.

6 HMK m.316.

7 THERE IS, Gokce, “Procedure of Proceedings in the Executive Courts”, AndHD, Vol.: 6 – Issue: 2 – July 2020, p.441.

8 PEKCANITEZ, Hakan/ATALAY, Oğuz/OZEKES, Muhammet, 2013, Civil Procedural Law, Yetkin Publishing, Ankara, p.509.

9 PEKCANITEZ/ATALAY/OZEKES a.g.e., s.511; H.M. m.317/3.

10 HMK m.317/3.

11HMK m.317/2.

12PEKCANITEZ/ATALAY/OZEKES a.g.e., s.511.

13HMK m.319.

14 HMK m.320 justification.

15 Regulation m.201/2.

16 8. HD., 27.02.2019 2016/7321 E., 2019/2044 K.

17 13. HD., 17/01/2020, 2016/15946 E., 2020/286 K.

18 PEKCANITEZ/ATALAY/OZEKES a.g.e., s.512.

19 9. HD., 22/10/2020,2020/7048 E., 2020/13025 K.

20 6. HD., 07.05.2012, E. 2012/3005, K. 2012/6786.

21 6. HD, 27.3.2012, E. 2012/1804, K. 2012/4862.

22 General Assembly of the Law, 08.10.2019, 2017/1921 E. K 2019/1000.,18. HD, 10.7.2012, E. 2012/7953, K. 2012/8993.

23 HMK m.150.

24HMK m.320/4.

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